PetitionLens
All decisions
SustainedEB-2 · Appeal

Intraocular lens manufacturer and provider of eye care treatments and solutions

Engineering · decided 2019-06-25 · NSC · JUN252019_01B5203

Official PDF on uscis.gov

How each part of the test was decided

Read from the appeals office's own sentences by fixed rules, not from the Director's findings or the petitioner's arguments. Each result shows the sentence it came from. The official PDF controls.

  • Step 0Eligible for EB-2Not decided

    No finding on this in the appeals office's own words.

  • Prong 1Merit and national importanceNot decided

    No finding on this in the appeals office's own words.

  • Prong 2Well positioned to advance itNot decided

    No finding on this in the appeals office's own words.

  • Prong 3Worth waiving the job offerNot decided

    No finding on this in the appeals office's own words.

The decision in brief

Sentences picked out of the text automatically. Read them in context below; the official PDF controls.

Summary sentence

As such, we find that for the petition before us, the Petitioner has established itself as the successor-in-interest of the labor certification employer for the specific position offered on the accompanying labor certification. See in text

What the AAO decided

Read the full decision (2 pages)

Objections found (0)

Automated tags. Each shows the sentence that triggered it.

No catalog objection was detected in the analysis section.

    Full decision

    OCR text from the official PDF, reformatted for reading. Scan errors carry over; the PDF controls.

    Highlighted: Outcome (2)Matter of X citation
    Decision header
    U.S. Citizenship and Immigration Services · MATTER OF J-&J-S-V-, INC.

    Non-Precedent Decision of the Administrative Appeals Office DATE: JUNE 25, 2019

    APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, an intraocular lens manufacturer and provider of eye care treatments and solutions, seeks to employ the Beneficiary as a principal engineer-electrical. It requests classification of the Beneficiary as a member of the professions holding an advanced degree under the second preference immigrant category. Immigration and Nationality Act (the Act) section 203(b)(2), 8 U.S.C. § 1153(b)(2). This employment-based "EB-2" immigrant classification allows a U.S. employer to sponsor a professional with an advanced degree for lawful permanent resident status.

    The Director of the Nebraska Service Center denied the petition, finding that it was not supported by the requisite labor certification because the Petitioner did not establish that it is the successor-in- interest to the company that filed the labor certification.

    On appeal the Petitioner asserts that the Director's decision was erroneous, and that it 1s the successor-in-interest to the company that filed the labor certification.

    Upon de nova review, we will sustain the appeal.

    A petition for an advanced degree professional must generally include a valid, individual labor certification. 8 C.F.R. § 204.5(k)(4)(i). A labor certification is valid only for the particular job opportunity, the particular beneficiary, and the area of intended employment stated on the document. 20 C.F.R. § 656.30(c)(2). A business may use another employer's labor certification if it establishes itself as the employer's successor-in-interest. See Matter ofDial Auto Repair Shop, Inc., 19 I&N Dec. 481 (Comm'r 1986). For immigration purposes, a successor must: 1) document its acquisition of a predecessor's business; 2) establish that, but for the ownership change, the job opportunity remains the same as listed on the labor certification; and 3) demonstrate its eligibility as a petitioner, including the ability of it and its predecessor to continuously pay the proffered wage from the petition's priority date onward. Id. at 482-83. In this case the only issue on appeal is whether the Petitioner has adequately documented its acquisition of the business that filed the labor certification.

    On appeal the Petitioner submits a full copy of the stock purchase agreement which demonstrates that a specific business unit of the labor certification employer, in which the offered position was located, was transferred to the Petitioner as part of a complex ownership transaction. The documentation specifically describes the ownership transaction and the transfer of the essential p. 2 Matter ofJ-&J-S-V-, Inc. rights and obligations required for the Petitioner to continue in the business of the transferred unit of the labor certification employer. As such, we find that for the petition before us, the Petitioner has established itself as the successor-in-interest of the labor certification employer for the specific position offered on the accompanying labor certification.

    ORDER: The appeal is sustained.

    Cite as Matter ofJ-&J-S-V-, Inc., ID# 3863311 (AAO June 25, 2019)